Remediation OAC 3745 300 11 Certified Professional 8 Hour Training - - PowerPoint PPT Presentation

Remediation

OAC 3745‐300‐11 Certified Professional 8‐Hour Training

Dan Tjoelker

Overview

• VAP remediation requirements
• Complete pathways to off‐property

receptors

• Types of remedies
• Documentation of remedies
• Changes to remedies
• Technical guidance documents

2

Background

• Phase II = identify COCs
• Applicable risk goals

– Excess cancer = 1 x 10‐5 – Excess non‐cancer = 1

• Decision for remedy if risk goals are

exceeded

3

Conducted when COCs do not comply with:

• Generic standards (Rule 08)
• PSRA standards (Rule 09)
• Background levels (Rule 07)
• Any other applicable VAP standard

4

Pathway omission

• The statute specifies that the CNS covers all

releases, including those that have left the property

• Volunteer must demonstrate diligent efforts to

implement remedy to off‐property receptor

• If unable, pathway can be omitted

5

Pathway omission process

• Determine off‐property receptors
• Determine potential pathways
• Provide each property owner written notice of

potential pathways and potential associated risks

6

Pathway omission process

• Explain to owner activities that may be

employed as part of the investigation

• Offer to pay all costs
• Document all discussions/correspondence

with owners where they refused the remedy

• Document any other reason that prevented

installation of remedy

7

Requesting the pathway omission

• Must be done before NFA letter is issued
• Must document all the steps outlined in the

process

• Must incur the costs of the agency review
• The agency will generally approve a request

within ninety days after receipt

8

Interim Measures

• Property not meeting applicable

standards prior to issuing an NFA letter

• Conducted prior to remedy achieving

applicable standards

• Must be protective of human health and

environment

9

Types of remediation

• Active remediation
• Passive remediation
• Institutional controls
• Engineering controls

10

Active Remediation

• Reduces mass, toxicity, or mobility of

COC

• Most common is soil removal

11

Passive Remediation

• Remedial activities relied upon as in situ

natural methods and documented in peer‐ reviewed scientific literature, which reduce the mass, toxicity, mobility or concentration of a chemical of concern over distance and time through natural attenuation processes

12

Natural attenuation processes

• Adsorption
• Absorption
• Advection
• Dispersion
• Diffusion
• Dilution from recharge
• Volatilization

13

Other types of natural attenuation

• Aerobic biodegradation
• Anaerobic biodegradation
• Chemical oxidation processes
• Hydrolysis and other reactions

14

Monitored natural attenuation

• Natural attenuation conclusion must

be supported

• Standards met during a certain time

frame

15

Institutional Controls

• Established by recording deed

restriction

• Transferable
• Eliminates or mitigates exposure to

hazardous substances or petroleum

• Monitored, maintained, and

enforced

16

Engineering Controls

• Relies on its ability to block a complete

exposure pathway

• Must be reliable for the climatic conditions

and activities at the property to which the control will be applied

• Monitored and maintained per operation and

maintenance plan

17

Examples of Engineering Controls

• Pavements acting as barrier caps
• Soil caps to eliminate direct contact to

chemicals or prevent groundwater contamination

• Foundations and building floor slabs
• Sub‐slab vapor diversion systems

18

Risk Mitigation Measures and Risk Mitigation Plans

• Contained in risk mitigation plan
• Implemented as

‒Condition of covenant, or ‒Within O&M plan

• Must have periodic reporting

19

Risk Mitigation Measures

• Needed when there is potential

exposure to construction workers before or after issuance of NFA

• Apply if POC is breached
• Safety precautions to mitigate or

eliminate human exposure

20

Risk Mitigation Measures

• Documented in risk mitigation plan if

measures are necessary for the property to meet applicable standards after issuance of the no further action letter

21

Documentation of remedial activities

• Environmental covenant
• Risk mitigation plan
• Operation and Maintenance Plan

22

Environmental Covenant

• Required for “environmental

response projects” with institutional controls

• Applies to properties with NFA letters

that request a CNS

• Institutional controls = Activity and

Use Limitations (AULs)

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Environmental Covenant

http://epa.ohio.gov/derr/volunt/volunt.aspx

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Environmental Covenant

• CP must submit draft with NFA Letter
• Should discuss language with VAP prior to

issuance of NFA

• CP should discuss implications of AULs with

Volunteer

• Recordation of environmental covenant

within 30 days of CNS issuance

25

Risk Mitigation Plan

• Required if the risk mitigation

measures are necessary for the property to meet applicable standards after issuance of the NFA letter

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Risk Mitigation Plan Contents

• Purpose of the plan, including summary of

potential health risks

• Specific precautions against exposure
• Directions on how to handle environmental

media

• Locations on property where plan will be

implemented

27

Risk Mitigation Plan Contents

• Provisions for when the plan will be

implemented

• Provisions for notifying construction workers
• Summary explanation of precautions
• Annual notification provisions
• Criteria for termination

28

Operation and Maintenance Plan

• Required when:

–Engineering control is employed –Any remedial activity not completed prior to NFA issuance

29

Operation and Maintenance Plan Contents

• Summary of applicable standards
• Plan for implementation
• Plan for evaluating effectiveness
• Description of equipment
• Plan for adjustments

30

Operation and Maintenance Plan Contents (cont.)

• Address potential problems
• Placeholder for keeping records
• Plan for termination of remedial

activities

31

Operation and Maintenance Plan Reporting

• At least annually
• Demonstrate efficacy of remedy
• Report on contingency measures
• Confirm remedy is still in place

32

Operation and Maintenance Agreement

• Generic template available through

VAP

• O&M plan and agreement must be

submitted with NFA Letter

• O&M agreement negotiated after

submittal

33

Changes to the remedy post‐CNS

• Volunteer may choose to change the

remedy

• Collect data necessary to support new

remedy

• Maintain existing remedy until the new

remedy is implemented

34

Remedy revision notice

• Description of remedial activities
• Statement from CP that property meets

applicable standards

• List of information used to justify new remedy
• Description of new remedy
• New environmental covenant or O&M plan, as

applicable

35

Remedy revision acknowledgment

• Agency does not review remedy
• Property can be considered for compliance

audit

• TA account must be opened if O&M plan,

agreement or environmental covenant changes

36

Remedy revision approval

• Volunteer opens a TA account for the

cost of agency review and approval letter

• No compliance audit expectations

37

Technical decisions relating to remedies

• http://epa.ohio.gov/portals/30/vap/tgc/TGC_Index.pdf
• Archived decisions available for informational

purposes only

• Four relate to remedies

38

Passive remedy for potential future exposure scenarios

• Passive remedy can be implemented to

protect on and off‐property receptors

• Requires O&M plan
• CP must demonstrate that the remedy is

appropriate for site

39

Injection wells

• Formal injection permit may not be

necessary if fluids do not exceed standards

• CP must apply and receive 5X26 exemption

for remedial projects

• More information found at:

http://epa.ohio.gov/ddagw/UIC.aspx

40

Hazardous Waste Reporting Requirements

• Comply with annual reporting

requirements found in 3745‐52‐41 if Volunteer:

– Generates 1000 kg hazardous waste/month (or subject to 3745‐52‐34) and, – Ships hazardous waste off‐site

41

Hazardous Waste Reporting Requirements

Further information:

• http://epa.ohio.gov/dmwm/Home

/HWAnnualReportProgram.aspx

• Division of Materials and Waste

Management – (614) 644‐2917

42

Fence as a Remedy

• Q: Fence = engineering or

institutional control?

• A: Fence = engineering control

43

Fence as a Remedy

• CNS is void if fence is damaged or

compromised and is part of AUL

• Opportunity to cure if fence is

damaged or compromised and is part of engineering control

44

Fence as a Remedy

• Numerous scenarios for fence to

be compromised

• Fence within engineering control

allows volunteer to inspect and repair; avoiding CNS voidance

45

Remedy Top Mistakes List

 No remedy implemented in absence

• f O&M plan

 No O&M for engineering control  Slab or foundation omitted as engineering control

46

Remedy Top Mistakes List

 Construction worker risk not mitigated  No Risk Management Plan included  Effectiveness of remedy not documented

47

Remedy Top Mistakes List

 Disposal media not properly characterized  Remedy implementation not documented

48

Remedy Top Mistakes List

 Deed restrictions not recorded  Insufficient sampling data  Financial assurance mechanism not included in O&M agreement

49

Remedy Top Mistakes List

 Failure to implement applicable response requirements  USD not verified properly

50